Estate of Lackey

Citations

• 181 Pa. 638
• 40 W.N.C. 416
• 37 A. 813
• 1897 Pa. LEXIS 592

Syllabus

<p>Decedents' estates — Claims for services — Conditional gift — Implied contract — Family relation.</p> <p>A niece accepted a devise of a house from her aunt conditioned upon her providing an uncle, who had previously lived with her aunt, a home in the house as long as he lived. The niece had lived with her aunt and knew the age and the infirmities of her uncle. The uncle lived in the house until his death, and paid his niece the sum of $5.00 per week for his board. There was no evidence to show that there was any considerable change in the uncle’s condition after the aunt’s death. After the uncle’s death the niece claimed from his estate an additional $10.00 per week for services rendered to the decedent for two years and a half prior to his death. Held, (1) That as the niece had accepted the devise of the house upon the condition prescribed by her aunt’s will, a family relation was thereby created between the niece and. the uncle and she was therefore bound to show an express contract in order to sustain her claim; (2) that as there was no evidence of an express contract by the uncle to pay anything in addition to $5.00 per week the claim should be disallowed.</p> <p>Practice — Auditor's findings of fact and law — Review.</p> <p>Where an auditor'makes no distinct findings of fact or law, and his report is confirmed because the court is “unable to say the auditor has readied a wrong conclusion,” such confirmation is not entitled to the same consideration by the Supreme Court as it would be' if it rested on an approval of definite findings of fact and law made by the auditor.</p>